NESTOR SULLON, Petitioner, v. PEOPLE OF THE PHILIPPINES AND COURT OF APPEALS, Respondents.

[G.R. NO. 139369 : June 27, 2005]

FACTS:

At about 5 o'clock in the afternoon of September 26, 1993, Edilberto Mondejar was sleeping on
a bamboo bench in the billiard hall owned by appellant located in Sitio Solomon, Barangay
Rizal, Banga, South Cotabato. Nestor Sullon approached the sleeping Mondejar and shot him
with a short firearm, hitting the latter on his left forehead.

Jose Dizon heard the gunshot as he was passing by the house of Flordeliza Sullon Evangelista
(Nestor’s sister) which is located beside the billiard hall. He looked over the fence and saw
Mondejar lying on the bench bathed in his blood. Flordeliza came out of the house and
motioned toward Dizon. Reynaldo Sullon (Nestor’s brother) also came out and, pointing a gun
at Dizon, warned the latter to stay away as it was not his business.

The post mortem examination conducted by Banga Municipal Health Officer, Dr. Ellen Diamante
Quidilla, on the victim's body revealed that he sustained a gunshot wound on the left lateral
area of the forehead, which gunshot wound has no exit and has a downward trajectory and
that the cause of his death was attributed to "fibro vascular injury secondary to gunshot wound
on left forehead." No sign of struggle was evident.

Right after the shooting, appellant ran away and went into hiding. He surrendered on
December 7, 1993.

RTC: Finds the accused Nestor Sullon guilty beyond reasonable doubt.
CA: Affirmed in toto the decision of the RTC.

Petitioner Nestor Sullon contended that the testimony of Jose Dizon was fabricated and
incredulous because it allegedly projected a glaringly different version. The petitioner also
asserted that he acted in self-defense and therefore his acquittal is warranted.

ISSUE: